Mrs P visited Asda in Rotherham with her husband on her way home from work. Mrs P’s husband was pushing the trolley as she walked alongside him. As she was walking, she felt her foot slip, and, whilst she managed to recover herself quickly as she didn’t want to fall on the floor, she felt her back jar. She looked at the floor to see what she had slipped on and saw quite a lot of sugar on the floor, about one inch thick, with her slip mark still in it. She staggered to the trolley and leaned on it for support. She and her husband reported the accident to an employee who told her to sit in the café and someone would come to see her. A further employee took a report of the accident and photographs of the sugar on the floor.
Mrs P was in quite a lot of pain, which did not subside over the next couple of days, so she visited her GP. She also suffered numbness in her leg. She attended hospital and had an ultrasound scan to check that there was nothing seriously wrong. She was discharged and told to take further painkillers. She advised Asda about the hospital visit and her continuing symptoms. She also developed pain in her right knee, which was attributed to the accident by a consultant orthopaedic surgeon, who said that it had exacerbated a previous condition.
Mrs P was put on light duties by her employer and was unable to carry out household duties or gardening for some months. She believed that this was unfair as the accident had not been her fault and she contacted Graysons to see if she could get redress. Jonathan took up her case.
Jonathan contacted Asda, saying that it had breached its duty of care in failing to maintain the property and keep it safe for users. Asda denied liability for the accident and so Jonathan issued court proceedings. Two weeks before the court case was due to be heard, Asda decided to settle the case, and Jonathan was able to negotiate a settlement of £3,250 in compensation for Mrs P.
If you have had an accident in a shop or public place and you feel it was not your fault, please contact our personal injury experts now to find out if you can claim compensation. All of our staff are working safely, from home, and can deal with your enquiry by telephone, video call or email. We will assess your case and, if we are able to take it on, we will offer you a no-win, no fee arrangement. You can also find out more about accidents in shops and other public places on our website.
Author: Jonathan West, partner and personal injury expert.